The Legislative Assembly Act

Transcription

1 LEGISLATIVE ASSEMBLY c. 3 1 The Legislative Assembly Act being Chapter 3 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 c. 3 LEGISLATIVE ASSEMBLY Table of Contents SHORT TITLE 1 Short title COMPOSITION AND DURATION OF ASSEMBLY 2 Composition of Legislative Assembly 3 Duration 4 Session once a year 5 Not determined or dissolved by demise of the Crown 6 Power of Crown to prorogue or dissolve not affected 7 Quorum in Assembly QUALIFICATIONS OF MEMBERS 8 Who eligible for Assembly 9 Oath of members 10 Senators and members of Parliament ineligible 11 Holders of certain offices disqualified 12 Re-election unnecessary on appointment to Executive Council 13 Persons interested in contract with government or in profits thereof ineligible 14 Other acts vacating seat of member 15 Exceptions to disqualifications 16 Ineligible person not to sit or vote SPEAKER AND DEPUTY SPEAKER 17 Speaker 18 Deputy Speaker 19 When Speaker absent Deputy Speaker to perform duties 20 When both absent Assembly to elect acting speaker 21 Validity of proceedings 22 Decision of questions 23 Allowances to Speaker and Deputy LEADER OF THE OPPOSITION 24 Allowances and grant to Leader of the Opposition WITNESS AND EVIDENCE 25 May compel attendance and productions 26 Warrant for attendance 27 Extra-mural examination 28 Assembly a court of record 29 Examination by committee JURISDICTION OF ASSEMBLY 30 Judicial powers of Assembly 31 Assembly may award imprisonment 32 Assembly s decision final IMMUNITIES AND PRIVILEGES 33 No liability for act done under authority of Assembly 34 Member not liable to civil action or prosecution 35 Except for breach of this Act member not liable to arrest in civil action during session 36 Exemption from service or attendance as jurors, of members, etc. 37 No member deprived of rights or privileges PROHIBITIONS 38 No member to accept compensation for services in proceedings before Assembly 39 Penalty 40 Further penalty 41 Appropriations from public revenue VACATING OF SEATS 42 A member may vacate seat 43 By written resignation to two members 44 Duty of Speaker or two members on receiving resignation 45 Vacancy by death, etc. 46 Member not to resign until declared elected 47 Resignation not to affect proceedings in controverted elections INDEMNITY TO MEMBERS 48 Amount of indemnity 49 Person becoming or ceasing to be a member during session 50 Absence on business of the Government or military duty 51 Absence on account of illness 52 Absence due to uncontrollable circumstances other than illness 53 Death of member during session 54 Death of a member in between sessions 55 When allowance payable 56 Distance allowance to members and travelling expenses 57 Payment of members by Provincial Treasurer 58 Allowances to and expenses of members of committees PUBLICATION OF REPORTS, ETC. 59 In action for publication of copy of report of Assembly defendant protected 60 Evidence in such action 61 Legislative librarian

3 LEGISLATIVE ASSEMBLY c. 3 3 CHAPTER 3 An Act respecting the Legislative Assembly SHORT TITLE Short title 1 This Act may be cited as The Legislative Assembly Act. COMPOSITION AND DURATION OF ASSEMBLY Composition of Legislative Assembly 2 The Legislative Assembly shall be composed of fifty-nine members to be elected to represent the constituencies defined in schedule 1 to this Act. R.S.S. 1953, c.3, s.2; 1959, c.20, s.2; 1963, c.81, s.2; 1965, c.90, s.2; R.S.S. 1965, c.3, s.2. Duration 3 Every Legislative Assembly shall continue for five years from the date of the return of the writs for the election and no longer, but the Lieutenant Governor may at any time dissolve the Assembly and cause a new one to be chosen. R.S.S. 1953, c.3, s.3; R.S.S. 1965, c.3, s.3. Session once a year 4 There shall be a session of the Legislature at least once in every year, so that twelve months shall not intervene between the last sitting of the Assembly in one session and its first sitting in the next. R.S.S. 1953, c.3, s.4; R.S.S. 1965, c.3, s.4. Not determined or dissolved by demise of the Crown 5 No Legislative Assembly in and for the Province of Saskatchewan shall determine or be dissolved by the demise of the Crown, but the same shall continue and may meet, convene, sit, proceed and act notwithstanding such demise of the Crown in the same manner as if such demise had not happened. R.S.S. 1953, c.3, s.5; R.S.S. 1965, c.3, s.5. Power of Crown to prorogue or dissolve not affected 6 Nothing in section 5 alters or abridges the power of the Crown to prorogue or dissolve the Legislative Assembly. R.S.S. 1953, c.3, s.6; R.S.S. 1965, c.3, s.6. Quorum in Assembly 7 The quorum required for the transaction of business in the Legislative Assembly shall be eleven, of whom the Speaker may be one. R.S.S. 1953, c.3, s.7; R.S.S. 1965, c.3, s.7.

4 4 c. 3 LEGISLATIVE ASSEMBLY QUALIFICATIONS OF MEMBERS Who eligible for Assembly 8 Any British subject, whether male or female, of the full age of eighteen years, resident in Saskatchewan, shall be eligible for nomination and election as a member of the Assembly unless disqualified under this or any other Act. R.S.S. 1953, c.3, s.8; R.S.S. 1965, c.3, s.8. Oath of members 9 Every member of the Assembly, before taking his seat therein, shall take and subscribe before the Lieutenant Governor or before such person as is designated by him the following oath: I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty, her heirs and successors. R.S.S. 1953, c.3, s.9; R.S.S. 1965, c.3, s.9. Senators and members of Parliament ineligible 10 No senator or member of the House of Commons of Canada shall be eligible for election as a member of the Assembly. R.S.S. 1953, c.3, s.10; R.S.S. 1965, c.3, s.10. Holders of certain offices disqualified 11 No person except the members of the Executive Council for the Province of Saskatchewan and except coroners, justices of the peace, notaries public, official auditors, official trustees, registrars of vital statistics and commissioners for oaths, who shall hold any office or place of profit under the Government or who shall be in any manner employed in the public service of the province for salary, wages, fees or emolument, shall sit or vote in the Assembly, and the election of any such person to be a member of the Assembly shall be null and void, but nothing in this section shall be construed to apply to the Speaker or Deputy Speaker of the Assembly, or the leaders of oppositions. R.S.S. 1953, c.3, s.11; R.S.S. 1965, c.3, s.11. Re-election unnecessary on appointment to Executive Council 12 Notwithstanding anything in any Act, where a member of the Assembly is appointed a member of the Executive Council he shall not, by reason only of the acceptance of such appointment, vacate his seat or be disqualified from sitting or voting in the Assembly. R.S.S. 1953, c.3, s.12; R.S.S. 1965, c.3, s.12. Persons interested in contract with government or in profits thereof ineligible 13(1) No person who is either directly or indirectly concerned or interested in any bargain or contract entered by or on behalf of the Government, or who participates or claims to be entitled to participate either directly or indirectly in the profit thereof or in any benefit or emolument arising therefrom, shall sit or vote in the Assembly, and the election of such person to be a member of the Assembly shall be absolutely null and void.

5 LEGISLATIVE ASSEMBLY c. 3 5 Loans under Farm Loans Act prohibited (2) No member of the Assembly shall obtain a loan under The Farm Loans Act. Exception (3) If any person obtained a loan from the Saskatchewan Farm Loans Board or under The Farm Loans Act, when not a member of the Assembly, such loan shall not disqualify him from being subsequently elected as a member thereof or from sitting and voting therein. R.S.S. 1953, c.3, s.13; R.S.S. 1965, c.3, s.13. Other acts vacating seat of member 14 If a member of the Assembly either directly or indirectly becomes concerned or interested in any bargain or contract entered into by or on behalf of the Government, or participates or claims to be entitled to participate, whether directly or indirectly, in the profit thereof or in any benefit or emolument arising therefrom, or accepts any office or place of emolument under the Government, or in any character or capacity for or in expectation of any fee, grain or reward performs any duty, transacts any business or does anything whatever for or on behalf of the Government, his seat shall thereupon be vacant. R.S.S. 1953, c.3, s.14; R.S.S. 1965, c.3, s.14. Exceptions to disqualifications 15 Nothing in this Act shall extend to or disqualify any person as a member of the Assembly: (a) by reason of his being a shareholder or director of an incorporated company having a contract or agreement with the Government of Saskatchewan except a company that undertakes a contract for the building of any public work; (b) by reason of his becoming a party either as principal or surety to a bond given to Her Majesty under The Succession Duty Act, chapter 50 of The Revised Statutes of Saskatchewan, 1940; (c) by reason of his purchasing or becoming the holder of the stock, bonds or government securities of Saskatchewan on terms common to all persons; (d) by reason of his entering into a contract with the Government of Saskatchewan or a department thereof for the supply or sale to him of any utility or article of merchandise administered or sold by such Government or department; (e) who, being a member of The Law Society of Saskatchewan, performs services and receives fees therefor under an arrangement respecting the provision of legal services to persons unable to pay for legal services from their own resources; (f) who, being a regularly qualified member of the medical profession, performs services and receives fees therefor under The Mental Health Act, or the regulations made under The Public Health Act respecting relief to be given to expectant mothers, or under an arrangement respecting the provision of medical services from their own resources, or receives fees as an expert witness for the Crown in any proceeding or for performing a post-mortem examination at the request of a coroner or any other person made under statutory authority;

6 6 c. 3 LEGISLATIVE ASSEMBLY (g) who, being a regularly qualified member of the dental profession, performs services and receives fees therefor under an arrangement respecting the provision of dental services to persons unable to pay for dental services from their own resources; (h) who, being a municipal official, performs services and receives payment therefor under an arrangement relating to the adjustment of the assets or liabilities of municipalities or the distribution of relief; (i) who, being a person required by or pursuant to an Act to collect the tax imposed thereby, receives remuneration for such service in the same way as all other persons required to collect the tax; (j) by reason of his entering into a bargain or contract with a corporation under The Crown Corporations Act or any former Crown Corporations Act, for the supply or sale to him of any real or personal property sold by the corporation or for the supply or sale by him to the corporation of any real or personal property; (k) by reason of his having been either directly or indirectly concerned or interested or having participated in any benefit or emolument arising from a bargain or contract entered into by or on behalf of the Government of Saskatchewan with respect to advances of fodder or seed grain or supplies or the cancellation of any indebtedness therefor; (l) by reason of his holding a licence, permit or permission to cut hay, or a grazing lease, or a cultivation lease, or being interested in any such licence, permit, permission or lease, directly or indirectly, alone or with another, by himself or by the interposition of a trustee or third person, or by reason of there being money due or payable to Her Majesty or any corporation created under The Crown Corporations Act or any former Crown Corporations Act, in respect of hay cut; but no such person shall vote on any question affecting such licence, permit, permission or lease, or in which he is interested by reason thereof; (m) by reason of his being the holder of a fishery licence, or having a contract or agreement with Her Majesty or with a public officer or department of the Government with respect to the same or to fisheries or fishing rights; but no such person shall vote on any question affecting such licence, contract or agreement, or in which he is interested by reason thereof; (n) by reason of his entering into a contract of or agreement for insurance with, or receiving payment of a claim from, The Saskatchewan Government Insurance Office; (o) by reason of his entering into a contract of or agreement for insurance with, or receiving payment of a claim from, the Saskatchewan Crop Insurance Board established under The Saskatchewan Crop Insurance Act; (p) by reason of his having entered into a contract of service as a teacher with the Northern Education Committee appointed by the Minister of Education or the Lieutenant Governor in Council; (q) by reason of his having entered into a contract with the Minister of Agriculture under The Family Farm Improvement Act, or the regulations thereunder, for the supply of materials or the construction or installation of water or sewage works upon a farm-stead as defined in the said Act or in a

7 LEGISLATIVE ASSEMBLY c. 3 7 building to which section 7 of the said Act applies, or by reason of his having received financial assistance under the said Act in respect of any such materials or works; (r) by reason of his having claimed or received compensation under section 102 of The Game Act for loss sustained by him in respect of live stock killed by a person hunting game or destroyed by reason of a wound inflicted on it by a person hunting game; (s) by reason of his holding a lease or permit under which he has the right to use and occupy, for private purposes only, a lot or other area to which The Provincial Parks, Protected Areas, Recreation Sites and Antiquities Act, and the regulations thereunder apply; but no such person shall vote on any question affecting the lease or permit, or in which he is interested by reason thereof; (t) by reason of his having obtained a permit or a timber sale, or having been granted permission, under The Forest Act or any former Forest Act, or the regulations thereunder, for any purposes mentioned in section 7 of the said Act, if it is intended that, in the case of a timber permit or timber sale, any Crown timber to be cut and removed under the permit or timber sale will be cut for his own use and not for sale; but no such person shall vote on any question affecting the permit, timber sale or permission, or in which he is interested by reason thereof; (u) by reason of his having made or hereafter making contributions or payments under The Teachers Superannuation Act or by reason of his having received or hereafter receiving an allowance, refund or other benefit under any such Act; (v) by reason of his being entitled to receive, on terms common to all persons similarly entitled, or of his having received, receiving or agreeing to receive, in accordance with such entitlement, any service or commodity, or any fee, refund, rebate, subsidy, loan or other benefit or payment, that is authorized by or under any Act, whether or not the service, commodity, fee, refund, rebate, subsidy, loan, benefit or payment has been or is received, or is to be received, directly or indirectly through payment from public moneys; provided that no special benefit or preference not available to other members of the public or to the class of the public whom the Act applies is thereby obtained by him. R.S.S. 1953, c.3, s.15; 1961, c.52, s.2; 1962 (2 nd Sess.), c.2, s.1; 1965, c.90, s.3; R.S.S. 1965, c.3, s.15. Ineligible person not to sit or vote 16(1) No person declared by this Act or by any other law ineligible as a member of the Assembly shall sit or vote therein while under such disability. (2) If any such person sits or votes in the Assembly he shall be liable to a penalty of $100 per day for every day he so sits or votes, and such sum may be recovered from him by any person who shall sue for it an any court of competent jurisdiction is Saskatchewan, and one-half of the sum shall belong to the person so suing and the other half shall belong to the province and be paid over to the Provincial Treasurer. R.S.S. 1953, c.3, s.16; R.S.S. 1965, c.3, s.16.

8 8 c. 3 LEGISLATIVE ASSEMBLY SPEAKER AND DEPUTY SPEAKER Speaker 17(1) The Assembly, on its first assembling after a general election, shall proceed with all practicable speed to elect one of its members to be Speaker. (2) In case of a vacancy happening in the office of Speaker by death, resignation or otherwise, the Assembly shall proceed with all practicable speed to elect another of its members to be Speaker. (3) The Speaker shall preside at all meetings of the Assembly. R.S.S. 1953, c.3, s.17; R.S.S. 1965, c.3, s.17. Deputy Speaker 18 The Assembly may elect a Deputy Speaker, and whenever the Speaker from illness or other cause finds it necessary to leave the chair during any part of the sittings of the House in any day he may call upon the Deputy Speaker, or in his absence upon any member of the House, to take the chair and act as Speaker during the remainder of that day, unless the Speaker himself resumes the chair during that day; and the Deputy Speaker or the member so called upon shall take the chair and act as Speaker accordingly, and every Act passed and every order made and thing done by the Assembly while the Deputy Speaker or member is so acting as Speaker shall be as valid and effectual as if the Speaker himself were presiding in the chair. R.S.S. 1953, c.3, s.18; R.S.S. 1965, c.3, s.18. When Speaker absent Deputy Speaker to perform duties 19 When the House is informed by the Clerk at the table of the unavoidable absence of the Speaker, the Deputy Speaker, if present, shall take the chair and shall perform the duties and exercise the authority of the Speaker in relation to all proceedings of the House until the meeting of the House on the next sitting day, and so on from day to day on the like information being given to the Assembly until the Assembly otherwise orders. R.S.S. 1953, c.3, s.19; R.S.S. 1965, c.3, s.19. When both absent Assembly to elect acting Speaker 20 When the House is informed by the clerk at the table of the unavoidable absence of both the Speaker and the Deputy Speaker, it shall be lawful for the Assembly to elect a member to take the chair and act as Speaker for that day. R.S.S. 1953, c.3, s.20; R.S.S. 1965, c.3, s.20. Validity of proceedings 21 Every Act passed and every order made and thing done by the Assembly while such member is so acting or presiding as Speaker shall be as valid and effectual as if the Speaker himself were presiding in the chair. R.S.S. 1953, c.3, s.21; R.S.S. 1965, c.3, s.21. Decision of questions 22 Questions arising in the Assembly shall be decided by a majority of votes other than those of the Speaker or acting Speaker; and when the votes are equal, but not otherwise, the Speaker or acting Speaker shall have a vote. R.S.S. 1953, c.3, s.22; R.S.S. 1965, c.3, s.22.

9 LEGISLATIVE ASSEMBLY c. 3 9 Allowances to Speaker and Deputy 23 Such allowances as may be voted by the Assembly shall be payable to the Speaker and Deputy Speaker. R.S.S. 1953, c.3, s.23; R.S.S. 1965, c.3, s.23. LEADER OF THE OPPOSITION Allowances and grant to Leader of the Opposition 24(1) In this section Leader of the Opposition means the member of the Assembly who is the recognized leader of two or more members constituting the largest group sitting in the Assembly in opposition to the Government, and in case of equality of membership of two or more such groups the allowance and the grant provided for by this section shall be divided equally between the respective leaders of those groups having the largest and equal membership. (2) In addition to his sessional allowance and his allowance for expenses as a member there shall be paid to the Leader of the Opposition: (a) a further allowance at such a rate per annum as may be voted by the Assembly; and (b) a grant at such rate per annum as may be voted by the Assembly to cover the cost of such staff, supplies, stationery and services as the Leader of the Opposition considers necessary. (3) For the purpose of computing the amount of an allowance under clause (a) of subsection (2) the Leader of the Opposition shall be deemed to have occupied the position from the polling day on which he was elected a member of the Assembly, and when the Assembly in which he occupied the position is dissolved he shall be deemed to continue to occupy the position until the day next preceding the polling day at the next general election or until his death, whichever occurs first; provided that when the occupant of the position changes, the member succeeding to the position shall be deemed to have occupied it from the day next following that on which his predecessor ceased to occupy it. (4) Subsection (3) applies mutatis mutandis with respect to a grant payable under clause (b) of subsection (2) except that it does not apply in respect of the period prior to the first day of September, (5) The allowance and the grant payable under this section shall be divided into twelve equal monthly installments and each installment shall be paid on the last day of the month to which it applies, but there shall from time to time be deducted from the grant any sums paid by the Clerk of the Assembly for stenographic services, telephone rental and long distance telephone charges in respect of the office of the Leader of the Opposition. 1961, c.52, s.3; R.S.S. 1965, c.3, s.24.

10 10 c. 3 LEGISLATIVE ASSEMBLY Powers and Privileges of Assembly WITNESS AND EVIDENCE May compel attendance and productions 25 The Assembly may at all times command and compel the attendance before the Assembly, or before any committee thereof, of such persons and the production of such papers and things as the Assembly or committee may deem necessary in any of its proceedings or deliberations. R.S.S. 1953, c.3, s.24; R.S.S. 1965, c.3, s.25. Warrant for attendance 26(1) When the Assembly requires the attendance of any person before the Assembly or a committee thereof, the Speaker may issue a warrant or subpoena directed to the person named in the order of the Assembly requiring his attendance and the production of such papers and things as may be ordered. (2) Every warrant may command the aid and assistance of all sheriffs, constables and others, and every refusal or failure to give such aid or assistance when required shall be a contravention of this Act. R.S.S. 1953, c.3, s.25; R.S.S. 1965, c.3, s.26. Extra-mural examination 27 When the evidence of a person is required in connection with a matter that is the subject of inquiry by the Assembly or a committee thereof, and it is necessary to take such evidence outside the Assembly or committee, the Speaker, when thereunto authorized by a resolution of the Assembly, may make an order for the examination upon oath before any person, and at any place, of such person. R.S.S. 1953, c.3, s.26; R.S.S. 1965, c.3, s.27. Assembly a court of record 28 For the purposes of sections 25, 26 and 27, the Assembly shall be a court and shall possess all the rights, powers and privileges of a court of record. R.S.S. 1953, c.3, s.27; R.S.S. 1965, c.3, s.28. Examination by committee 29(1) Any standing or special committee of the Assembly may require the facts, matters and things relating to the subject of any inquiry to be verified or otherwise ascertained by the oral examination of witnesses or otherwise and may examine such witnesses upon oath. (2) The chairman or any other member of such committee may administer to any witness an oath or affirmation in form A or form B. R.S.S. 1953, c.3, s.28; R.S.S. 1965, c.3, s.29.

11 LEGISLATIVE ASSEMBLY c JURISDICTION OF ASSEMBLY Judicial powers of Assembly 30(1) The Assembly shall be a court and shall have all the rights, powers and privileges of a court for the purpose of summarily inquiring into and punishing the acts, matters and things following: (a) assaults, insults and libels upon or to members of the Assembly while in session; (b) obstructing, threatening or attempting to force or intimidate members of the Assembly; (c) the offer to or acceptance by a member of the Assembly of a bribe to influence him in his proceedings as such, or the offer to or acceptance of any fee, compensation or reward by a member for or in respect of the promotion of a bill, resolution, matter or thing submitted to or intended to be submitted to the Assembly or a committee thereof; (d) assaults upon or interference with officers of the Assembly while in the execution of their duties; (e) tampering with a witness in regard to evidence to be given by him before the Assembly or a committee thereof; (f) presenting to the Assembly or a committee thereof any forged or falsified document with intent to deceive the Assembly or committee; (g) forging, falsifying or wrongfully altering any record of the Assembly or of a committee thereof or any document or petition presented or filed or intended to be presented or filed before the Assembly or committee or subscribing the name of another to any such document or petition with intent to deceive; (h) giving false evidence or prevaricating or otherwise misbehaving in giving or refusing to give evidence or to produce papers before the Assembly or any committee thereof; (i) disobedience to subpoenas or warrants issued under the authority of this Act; (j) bringing a civil action or prosecution against or causing or effecting the arrest or imprisonment of a member of the Assembly for or by reason of any matter or thing brought by him by petition, bill, resolution, motion or otherwise or said by him before the Assembly; (k) causing or effecting the arrest, detention or molestation of a member of the Assembly, during a session of the Legislature, for any debt or cause whatever of a civil nature. (2) For the purposes of this Act, the Assembly shall possess all such powers and jurisdiction as may be necessary or expedient or inquiring into, judging and pronouncing upon the commission or doing of any such acts, matters or things and awarding and carrying into execution the punishment thereof as provided for by this Act. R.S.S. 1953, c.3, s.29; R.S.S. 1965, c.3, s.30.

12 12 c. 3 LEGISLATIVE ASSEMBLY Assembly may award imprisonment 31 Every person who, upon such inquiry, appears to have committed or done any of the acts, matters or things mentioned in section 30 shall, in addition to any other penalty to which he may by law be subject, be liable to imprisonment for such time as may be determined by the Assembly. R.S.S. 1953, c.3, s.30; R.S.S. 1965, c.3, s.31. Assembly s decision final 32 The determination of the Assembly upon any proceedings under this Act shall be final and conclusive. R.S.S. 1953, c.3, s.31; R.S.S. 1965, c.3, s.32. IMMUNITIES AND PRIVILEGES No liability for act done under authority of Assembly 33 No person shall be liable in damages or otherwise for any act done under the authority of the Assembly and within its legal power or under or by virtue of a warrant or subpoena issued under that authority. R.S.S. 1953, c.3, s.32; R.S.S. 1965, c.3, s.33. Member not liable to civil action or prosecution 34(1) No member of the Assembly shall be liable to any civil action or prosecution, arrest, imprisonment or damages by reason of any matter or thing brought by him by petition, bill, resolution, motion or otherwise or by reason or of anything said by him before the Assembly. (2) The immunity provided by subsection (1) applies notwithstanding that words spoken by a member before the Assembly are broadcast, provided that the broadcasting takes place while the words are being so spoken. R.S.S. 1953, c.3, s.33; R.S.S. 1965, c.3, s.34. Except for breach of this Act member not liable to arrest in civil action during session 35 Except for a breach of this Act no member of the Assembly shall, during a session of the Legislature, be liable to arrest, detention or molestation for any debt or cause whatever of a civil nature. R.S.S. 1953, c.3, s.34; R.S.S. 1965, c.3, s.35. Exemption from service or attendance as jurors, of members, etc. 36 During the time the Legislature is in session, all members, officers and employees of the Assembly, and all witnesses summoned to attend before it or any of its committees, shall be exempt from serving or attending as jurors before any court in the province. R.S.S. 1953, c.3, s.35; R.S.S. 1965, c.3, s.36.

13 LEGISLATIVE ASSEMBLY c No member deprived of rights or privileges 37 Except in so far as is provided in this Act, nothing herein contained shall be construed to deprive the Assembly or a committee or member thereof of any rights, immunities, privileges or powers that the Assembly, committee or member might, but for this Act, have been entitled to exercise or enjoy. R.S.S. 1953, c.3, s.36; R.S.S. 1965, c.3, s.37. PROHIBITIONS No member to accept compensation for services in proceedings before Assembly 38 No member of the Assembly shall receive or agree to receive any fee, compensation or reward, directly or indirectly, for services rendered or to be rendered to any person, either by himself or another, in relation to any bill, resolution, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Assembly or a committee thereof, or in order to influence or to attempt to influence any member of the Assembly. R.S.S. 1953, c.3, s.37; R.S.S. 1965, c.3, s.38. Penalty 39 A person violating section 38 is subject to a penalty of $500 over an above the amount or value of the fee, compensation or reward received or agreed to be received by him, to be paid with full costs of suit to anyone who shall sue therefor; and one-half thereof shall belong to the province and be paid over to the Provincial Treasurer. R.S.S. 1953, c.3, s.38; R.S.S. 1965, c.3, s.39. Further penalty 40(1) If judgment is recorded against a member under section 39, or if by resolution of the Assembly it is declared that a member has been guilty of a violation of section 38, the seat of the member shall thereupon become vacant and the election of the member shall thereupon be null and void. (2) Such member shall be ineligible to be nominated for election to and incapable of being elected to or of sitting and voting in the Assembly during the then current term of the Legislature. R.S.S. 1953, c.3, s.39; R.S.S. 1965, c.3, s.40. Appropriations from public revenue 41 The Assembly shall not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been recommended to the Assembly by message of the Lieutenant Governor during the session in which such vote, resolution, address or bill is proposed. R.S.S. 1953, c.3, s.40; R.S.S. 1965, c.3, s.41.

14 14 c. 3 LEGISLATIVE ASSEMBLY VACATING OF SEATS A member may vacate seat 42 Any member of the Assembly may vacate his seat therein in the manner herein provided: By declaration from Assembly seat 1. He may openly in his place in the Assembly declare his wish to vacate his seat as a member, and in such case the Clerk of the Assembly shall record the same in the journals and the seat of such member shall be forthwith vacated; or By written resignation to Speaker 2. He may address and cause to be delivered to the Speaker a statement in writing under his hand attested by two witnesses declaring his resignation of such seat; and upon the receipt thereof by the Speaker, whether during a session of the Assembly or not, the seat of such member shall become vacant. R.S.S. 1953, c.3, s.41; R.S.S. 1965, c.3, s.42. By written resignation to two members 43 If any member of the Assembly wishes to resign his seat, whether during a session or in the interval between two sessions of the Assembly, and there is then no Speaker or the Speaker is absent from the province, or such member is the Speaker, he may address and cause to be delivered to any two members of the Assembly a statement in writing under his hand attested by two witnesses declaring his resignation of such seat (form C), and upon the receipt thereof by such two members the seat shall become vacant. R.S.S. 1953, c.3, s.42; R.S.S. 1965, c.3, s.43. Duty of Speaker or two members on receiving resignation 44 The Speaker or such two members, as the case may be, upon receiving such declaration or resignation, shall forthwith address his or their warrant under his or their hand and seal or hands and seals (form D) to the Chief Electoral Officer for the issue of a new writ for the election of a member in the place of the member who has resigned, and such writ shall issue accordingly. R.S.S. 1953, c.3, s.43; 1959, c.20, s.3; R.S.S. 1965, c.3, s.44. Vacancy by death, etc. 45 Upon a vacancy in the representation of a constituency created by death or in any way other than by resignation, any two member of the Assembly may give notice of the vacancy to the Chief Electoral Officer and require the issue of a writ to fill the vacancy: Provided that if the vacancy occurs subsequently to a general election and before the first meeting of the Assembly thereafter, such notice and requisition may be given by two members elect of the Assembly of whose election the Chief Electoral Officer has had due notice; and such notice, and every such notice and requisition given under this section, shall be submitted forthwith after its receipt by the Chief Electoral Officer to the Lieutenant Governor; and, upon its return by him to the Chief Electoral Officer endorsed as approved, the necessary proceedings shall be taken in pursuance thereof as in the case of a warrant under section 44. R.S.S. 1953, c.3, s.44; 1959, c.20, s.4; R.S.S. 1965, c.3, s.45.

15 LEGISLATIVE ASSEMBLY c Member not to resign until declared elected 46 No member elect of the Assembly shall be permitted to resign under this Act until he has been finally declared elected. R.S.S. 1953, c.3, s.45; R.S.S. 1965, c.3, s.46. Resignation not to affect proceedings in controverted elections 47 The resignation of a member shall in no way affect the conduct or result of any proceedings pending or that may thereafter be taken under any law in force in the province respecting controverted elections. R.S.S. 1953, c.3, s.46; R.S.S. 1965, c.3, s.47. INDEMNITY TO MEMBERS Amount of indemnity 48 In each session of the Assembly there shall be allowed and payable to each member attending such session an allowance of $4,000 and no more, except to the members for the constituencies of Meadow Lake, Athabaska and Cumberland, to each of whom there shall be allowed and payable an allowance of $4,335 and no more: Provided that, except in the cases provided for in the following sections, a deduction at the rate of $10 per day shall be made from the said sessional allowance for every day over and above five days on which a sitting of the Assembly is held and on which the member does not attend such sitting or a meeting of some committee of the Assembly; Provided further that, except in the cases provided for in the following sections, the sessional allowance of a member who does not attend sittings of the Assembly, or meetings of some committee thereof, on at least one-half of the total number of sitting days in any session, shall be $25 for each day of attendance and no more. R.S.S. 1953, c.3, s.47; 1954, c.3, s.2; 1958, c.85, s.2; 1962, c.67. s.2; R.S.S. 1965, c.3, s.48. Person becoming or ceasing to be a member during session 49 If any member be elected and take his seat in the Assembly after the commencement of the session, or if during the session any member cease to be a member, he shall be entitled to the regular sessional allowance subject to a deduction of $10 per day for each day of the session before he takes his seat or after he ceases to be a member or both, as the case may be, and, except in the cases provided for in the following sections, subject to a further deduction of $10 per day for every day over and above five days on which a sitting of the Assembly is held while he is a member and on which he does not attend such sitting or a meeting of some committee of the Assembly: Provided that, except in the cases provided for in the following sections, when the member does not attend sittings of the Assembly, or meetings of some committee thereof, on at least one-half of the total number of sitting days while he is a member, the sessional allowance shall be $25 for each day of attendance and no more. R.S.S. 1953, c.3, s.48; R.S.S. 1965, c.3, s.49.

16 16 c. 3 LEGISLATIVE ASSEMBLY Absence on business of the Government or military duty 50(1) In calculation of a deduction from a member s sessional allowance on account of absence, days spent by a member of the Executive Council upon business of the Government outside of the Assembly and days spent by a member of the Assembly on duty with his corps in a regularly organized militia camp, or in the naval, military or air forces of Canada, or in any other of the naval, military or air forces of the Crown while such forces are on active service in consequence of war, shall not be computed. (2) In the calculation of a deduction from a member s sessional allowance on account of absence, days spent by a member in the service of the Government of Canada or Saskatchewan shall not be computed. R.S.S. 1953, c.3, s.49; R.S.S. 1965, c.3, s.50. Absence on account of illness 51 Notwithstanding anything in this Act, no deduction shall be made from the sessional allowance of any member for non-attendance caused by illness, if the illness is certified to by a qualified medical practitioner. R.S.S. 1953, c.3, s.50; R.S.S. 1965, c.3, s.51. Absence due to uncontrollable circumstances other than illness 52(1) Notwithstanding anything in this Act, where it appears that the absence of a member was caused by circumstances, other than illness, over which he had no control, the Lieutenant Governor in Council may direct that no deduction shall be made from the member s sessional allowance on account of the absence. (2) Where an order in council is passed under subsection (1) a reference to the order shall be included in the declaration made by the member under section 57. R.S.S. 1953, c.3, s.51; R.S.S. 1965, c.3, s.52. Death of member during session 53 If a member dies during a session of the Assembly such sum not exceeding the regular sessional allowance as the Lieutenant Governor in Council may determine shall be paid to his widow or such other person as may be designated by the Lieutenant Governor in Council. R.S.S. 1953, c.3, s.52; R.S.S. 1965, c.3, s.53. Death of a member in between sessions 54 If a member dies while the Assembly is not in session, and an election to fill the vacancy is not held before the following session, such sum not exceeding the regular sessional allowance as the Lieutenant Governor in Council may determine shall be paid to his widow or such other person as may be designated by the Lieutenant Governor in Council. R.S.S. 1953, c.3, s.53; R.S.S. 1965, c.3, s.54. When allowance payable 55 The sessional allowance may be paid from time to time as the member becomes entitled to it to the extent of $25 for each day s attendance as aforesaid, but the remainder shall be retained by the Provincial Treasurer until the close of the session when the final payment shall be made. R.S.S. 1953, c.3, s.54; R.S.S. 1965, c.3, s.55.

17 LEGISLATIVE ASSEMBLY c Distance allowance to members and travelling expenses 56(1) There shall be allowed to each member in attendance at a session of the Assembly five cents for each mile of the distance between the railway station nearest to the place of residence of such member and the place at which the session is held, reckoning such distance going and coming according to the shortest railway route, together with his actual travelling expenses as determined and certified by the Speaker between his place of residence and such railway station when such distance is greater than five miles. (2) There shall also be allowed to each member in attendance at a session of the Assembly, except to the members for the constituencies of Meadow Lake, Athabaska and Cumberland, the sum of $2,000 as an allowance for expenses incidental to the discharge of his duties as a member. (3) There shall also be allowed to each of the members for the constituencies of Meadow Lake, Athabaska and Cumberland in attendance at a session of the Assembly, the sum of $2,165 as an allowance for expenses incidental to the discharge of his duties as a member. R.S.S. 1953, c.3, s.55; 1954, c.3, s.3; 1958, c.85, s.3; 1962, c.67, s.3; R.S.S. 1965, c.3, s.56. Payment of members by Provincial Treasurer 57(1) Subject to subsection (2), the sum due to a member at the close of the session shall be calculated and paid to him by the Provincial Treasurer on the receipt by the said treasurer of a solemn declaration made by the member, which declaration shall show: (a) the number of days on which he has attended the session; (b) the number of days, if any, for which a deduction from the amount of his sessional allowance has to be made under any preceding section of this Act; and (c) the amount of his actual travelling expenses as determined and certified by the Speaker. (2) A certificate purporting to be signed by the Clerk of the Legislative Assembly and stating that, to the best of his knowledge and belief: (a) a named member of the Assembly has been on active service, in consequence of war, during the whole session or a specified portion thereof; (b) such member is on duty outside Canada; (c) a specified sum is payable in respect of he sessional allowance or sessional allowance and travelling expenses of such member; shall be sufficient authority to the Provincial Treasurer to pay the sum so specified, either to such member or to his duly authorized attorney. R.S.S. 1953, c.3, s.56; R.S.S. 1965, c.3, s.57. Allowances to and expenses of members of committees 58(1) Notwithstanding any other provision of this Act, a member of the Assembly who, during the interval between sessions of the Assembly, serves on a committee appointed by resolution of the Assembly or by the Lieutenant Governor in Council pursuant to a resolution of the Assembly shall be paid:

18 18 c. 3 LEGISLATIVE ASSEMBLY (a) an allowance of $25 in respect of each day during such interval upon which he: (i) attends a meeting of the committee; or (ii) is engaged in the work or business of the committee; or (iii) is absent from his place of residence and is travelling to and from meetings of the committee or on the business of the committee; and (b) in respect of expenses incurred while absent from his place of residence during such interval for the purpose of attending meetings of the committee or engaging in the work or business of the committee, the following: (i) reasonable disbursements for travel other than by private automobile; (ii) an allowance of eleven cents per mile for every mile traveled by private automobile; (iii) reasonable disbursements for sustenance and hotel accommodation. (2) The receipt by a member of any money in payment of any allowance or disbursement pursuant to subsection (1) does not disqualify him as a member of the Assembly or from sitting and voting in the Assembly. (3) The allowances and disbursements mentioned in subsection (1) shall, out of moneys appropriated by the Legislature for the purpose, be paid by the Clerk of the Legislative Assembly unless the Lieutenant Governor in Council designates a department, board or agency to make the payment. 1965, c.90, s.4; R.S.S. 1965, c.3, s.58. PUBLICATION OF REPORTS, ETC. In action for publication of copy of report of Assembly defendant protected 59 In case of civil proceedings or a prosecution against a person for or on account of or in respect of the publication of a copy of any report, papers, votes or proceedings of the Assembly, the defendant may at any stage of the proceedings lay before the court or judge such report, papers, votes or proceedings and such copy, with an affidavit verifying the report, papers, votes or proceedings and the correctness of the copy; and the court or judge shall immediately stay such civil proceedings and the same and every writ or process issued thereon shall be finally put an end to, determined and superseded by virtue of this Act. R.S.S. 1953, c.3, s.57; R.S.S. 1965, c.3, s.59. Evidence in such action 60 It shall be lawful, in civil proceedings against any person for printing an extract from or abstract of any such report, papers, votes or proceedings, to give in evidence under the general issue or denial such report, papers, votes or proceedings, and to show that the extract or abstract was published bona fide and without malice, and if such shall be the opinion of the court or sitting jury judgment shall be rendered or a verdict shall be entered for the defendant. R.S.S. 1953, c.3, s.58; R.S.S. 1965, c.3, s.60.

19 LEGISLATIVE ASSEMBLY c Legislative librarian 61 Notwithstanding anything in any Act, the Lieutenant Governor in Council may appoint a legislative librarian, who shall be responsible for the care and custody of the legislative library and shall, under the direction of the President of the Council and subject to the standing orders of the Legislative Assembly relating to the library, perform such other duties as may be from time to time assigned to him by the Lieutenant Governor. R.S.S. 1953, c.3, s.59; R.S.S. 1965, c.3, s.61. SCHEDULE 1 (Section 2) 1. The Province of Saskatchewan shall be divided into fifty-nine constituencies which shall comprise and consist of the parts and portions of the province hereinafter described. 2. In the following descriptions where meridians between ranges and boundaries of townships or boundaries of sections are referred to as the boundaries of constituencies these expressions mean the meridians, boundaries of sections, as the case may be, in accordance with the Saskatchewan land system of surveys and include the extensions thereof in accordance with the said system. 3. Where a dividing line between two ranges is mentioned as the boundary of a constituency the expression shall mean the surveyed line on the east boundary of the westerly range and the extension of such line southerly to intersect the north boundary of each township which lies to the south of a correction line and thence easterly along the north boundary of such township to the east boundary thereof. 4. Where the left bank of any stream or lake is mentioned as the boundary of a constituency the expression shall mean the bank of such stream or lake on the left side of a person going in the direction in which the water flows. SOURIS-ESTEVAN The constituency of Souris-Estevan bounded as follows: Commencing at the intersection of the international boundary with the east boundary of the Province; thence north along the said east boundary to the north boundary of the fourth township; thence west along the said north boundary to the dividing line between the seventh and eighth ranges west of the second meridian; thence north along the said dividing line to the north boundary of the fifth township; thence west along the said north boundary to the dividing line between the twelfth and thirteenth ranges west of the second meridian; thence south along the said dividing line to the international boundary; thence east along the international boundary to the place of commencement. WEYBURN The constituency of Weyburn bounded as follows: Commencing at the intersection of the dividing line between the twelfth and thirteenth ranges west of the second meridian with the international boundary; thence north along the said dividing line to the north boundary of the fifth township; thence east along the said north boundary to the dividing line between the seventh and eighth ranges west of the second meridian;

20 20 c. 3 LEGISLATIVE ASSEMBLY thence north along the said dividing line to the north boundary of the tenth township; thence west along the said north boundary to the dividing line between the fifteenth and sixteenth ranges west of the second meridian; thence south along the said dividing line to the north boundary of the seventh township; thence west along the said north boundary to the dividing line between the twentieth and twenty-first ranges west of the second meridian; thence south along the said dividing line to the international boundary; thence east along the international boundary to the place of commencement. BENGOUGH The constituency of Bengough bounded as follows: Commencing at the intersection of the dividing line between the twentieth and twenty-first ranges west of the second meridian with the international boundary; thence north along the said dividing line to the north boundary of the seventh township; thence west along the said north boundary to the dividing line between the twenty-fifth and twenty-sixth ranges west of the second meridian; thence north along the said dividing line to the north boundary of the twelfth township; thence west along the said north boundary to the easterly bank of Lake Johnston; thence southerly, westerly, and north-westerly along the south bank of Lake Johnston to the dividing line between the first and second ranges west of the third meridian; thence south along the said dividing line to the north boundary of the sixth township; thence east along the said north boundary to the dividing line between the twenty-seventh and twenty-eighth ranges west of the second meridian; thence south along the said dividing line to the south bank of the second meridian; thence south along the said dividing line to the south bank of Willowbunch Lake; thence easterly along the south bank of Willowbunch Lake to the east boundary of section eight in township six, range twenty-seven, west of the second meridian; thence south along the east boundary of sections eight and five in the said sixth township and continuing south along the east boundary of sections thirty-two, twenty-nine, twenty, seventeen, eight and five in townships five, four and three, respectively, in range twenty-seven; thence south along the east boundary of sections thirty-one, thirty, nineteen, eighteen, seven and six in townships two and one, respectively, in range twenty-seven to the international boundary; thence east along the international boundary to the place of commencement. NOTUKEU-WILLOWBUNCH The constituency of Notukeu-Willowbunch bounded as follows: Commencing at the intersection of the east boundary of section six in township one, range twenty-seven west of the second meridian with the international boundary; thence north along the east boundary of sections six, seven, eighteen, nineteen, thirty and thirty-one in townships one and two, respectively, in range twenty-seven west of the second meridian; thence north along the east boundary of sections five, eight, seventeen, twenty, twenty-nine and thirty-two in townships three, four and five respectively in range twenty-seven; thence north along the east boundary of sections five and eight in townships six, rang twenty-seven, west of the second meridian, to the south bank of Willowbunch Lake; thence west along the south bank of Willowbunch Lake to the dividing line between ranges twenty-seven and twenty-eight west of the second meridian, thence north along the said dividing line to the north boundary of the sixth township; thence west along the said north boundary to the dividing line between the first and second ranges west of the third meridian; thence north along the said dividing line to the north boundary of the ninth township; thence west along the said north